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  S.B. No. 1990
 
 
 
 
AN ACT
  relating to the creation of the Calhoun County Municipal Utility
  District No. 1; granting the power of eminent domain.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 8231 to read as follows:
  CHAPTER 8231. CALHOUN COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8231.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Calhoun County Municipal
  Utility District No. 1.
         Sec. 8231.002.  NATURE OF DISTRICT. The district is a
  municipal utility district in Calhoun County created under and
  essential to accomplish the purposes of Section 59, Article XVI,
  Texas Constitution.
         Sec. 8231.003.  CONFIRMATION ELECTION REQUIRED. If the
  creation of the district is not confirmed at a confirmation
  election held under Section 8231.022 before September 1, 2011:
               (1)  the district is dissolved September 1, 2011,
  except that:
                     (A)  any debts incurred shall be paid;
                     (B)  any assets that remain after the payment of
  debts shall be transferred to Calhoun County; and
                     (C)  the organization of the district shall be
  maintained until all debts are paid and remaining assets are
  transferred; and
               (2)  this chapter expires September 1, 2014.
         Sec. 8231.004.  INITIAL DISTRICT TERRITORY. (a)  The
  district is initially composed of the territory described by
  Section 2 of the Act creating this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act creating this chapter form a closure. A mistake made in the
  field notes or in copying the field notes in the legislative process
  does not affect:
               (1)  the organization, existence, or validity of the
  district;
               (2)  the right of the district to impose taxes;
               (3)  the validity of the district's bonds, notes, or
  indebtedness; or
               (4)  the legality or operation of the district or the
  board.
  [Sections 8231.005-8231.020 reserved for expansion]
  SUBCHAPTER A-1. TEMPORARY PROVISIONS
         Sec. 8231.021.  TEMPORARY DIRECTORS.  (a)  The temporary
  board consists of:
               (1)  Robert Harriman;
               (2)  William B. Fuller;
               (3)  Jeffrey B. Holberg;
               (4)  Michael R. Jeter; and
               (5)  Donald D. Simmons.
         (b)  If a temporary director fails to qualify for office, the
  temporary directors who have qualified shall appoint a person to
  fill the vacancy.  If at any time there are fewer than three
  qualified temporary directors, the Texas Commission on
  Environmental Quality shall appoint the necessary number of persons
  to fill the vacancies on the board.
         (c)  Temporary directors serve until the earlier of:
               (1)  the date directors are elected under Section
  8231.022; or
               (2)  the date this chapter expires under Section
  8231.003.
         Sec. 8231.022.  CONFIRMATION AND INITIAL DIRECTORS'
  ELECTION.  The temporary directors shall hold an election to
  confirm the creation of the district and to elect five directors as
  provided by Section 49.102, Water Code.
         Sec. 8231.023.  INITIAL ELECTED DIRECTORS; TERMS.  The
  directors elected under Section 8231.022 shall draw lots to
  determine which two shall serve until the first regularly scheduled
  election of directors and which three shall serve until the second
  regularly scheduled election of directors.
         Sec. 8231.024.  EXPIRATION OF SUBCHAPTER. This subchapter
  expires September 1, 2014.
  [Sections 8231.025-8231.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8231.051.  DIRECTORS; TERMS; ELECTIONS. (a)  The
  district is governed by a board of five directors.
         (b)  Directors serve staggered four-year terms.
         (c)  The appropriate number of directors shall be elected on
  the uniform election date in May of even-numbered years.
  [Sections 8231.052-8231.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8231.101.  MUNICIPAL UTILITY DISTRICT POWERS AND
  DUTIES.  The district has the powers and duties provided by the
  general law of this state, including Chapters 49 and 54, Water Code,
  applicable to municipal utility districts created under Section 59,
  Article XVI, Texas Constitution.
         Sec. 8231.102.  DIVISION OF DISTRICT.  (a)  The district may
  be divided into two or more districts only if the district:
               (1)  has no outstanding bonded debt; and
               (2)  is not imposing ad valorem taxes.
         (b)  The division procedure is prescribed by Sections 51.749
  through 51.758, Water Code.
         (c)  Any new district created by the division of the district
  has all the powers and duties of the district, except the power to
  divide the district into new districts under this section.
         SECTION 2.  The Calhoun County Municipal Utility District
  No. 1 includes all the territory contained in the following area:
         Approximately 1033.78 acres of land situated in the Miguel
  Castillo Survey, Abstract No. 7 and the Pedro Mirando League,
  Abstract No. 27, Calhoun County, Texas and more fully described by
  metes and bounds as follows:
         All of that certain tract or parcel containing 1033.78
  acres situated in the Miguel Castillo Survey, Abstract
  No. 7 and the Pedro Mirando League. Abstract No. 27.,
  Calhoun County, Texas and being the same property
  described as Tract 1, Tract 2 and Tract 3 (422.12
  acres) in Special Warranty Deed dated July 24, 2000
  from Elizabeth Marie Hardy to G. P. Hardy, III,
  recorded in Volume 258, Page 834 of the Official
  Records of Calhoun County, Texas and the same property
  described as 453 acres in deed from H. V. Heyland, et
  ux, to R. H. Parker, Jr. and Lillian Ann Underwood,
  recorded In Volume 242, Page 364 of the Deed Records of
  Calhoun County, Texas and the same property described
  as 128.48 acres in deed from J. P. Nunley, et ux, to R.
  H. Parker, Jr. and Lillian Ann Underwood, recorded In
  Volume 317, Page 879 of the Deed Records of Calhoun
  County, Texas.  This 1033.78 acres is more
  particularly described by metes and bounds as follows:
         BEGINNING at a 5/8 inch iron rod with plastic cap set
  in the Southwest line of State Highway No. 185 and at
  the West corner of a 12.155 acre tract described in
  deed recorded in Volume 43, Page 322 of the Calhoun
  County Deed Records and at the South corner of a 1.977
  acre tract described in deed recorded in Volume 43,
  Page 337 of the Calhoun County Deed Records and in the
  Northwest line of a 250 acre tract described as Tract
  One of deed recorded in Volume 357, Page 736 of the
  Calhoun County Official Records and in the Southeast
  line of the above referenced 422.12 acre tract for the
  East corner of this 1033.78 acres being described;
         THENCE South 55° 00' 00" West (Base Bearing) [Deed call
  = South 55° West], with the Northeast line of the said
  250 acre tract and with the Southeast line of the said
  422.12 acre tract, pass a 5/8 inch iron rod with
  plastic cap set on line at a distance of 8477.30 feet
  and continuing a total distance of 8877.30 feet to the
  South corner of a 2.52 acre tract described as First
  Tract in Easement recorded in Volume 115, Page 83 of
  the Calhoun County Deed Records for the South corner of
  this 1033.78 acres being described;
         THENCE with the Southwest line of the said 422.12 acre
  tract and along the deed call shoreline of Guadalupe
  Bay and in part along the Right-of-Way of the Barge
  Canal with the following meanders:
               North 16° 44' 37" East a distance of 608.07 feet;
               North 06° 13' 58" West a distance of 241.00 feet;
               North 02° 55' 02" East a distance of 437.00 feet;
               North 09° 12' 02" East a distance of 550.40 feet;
               North 02° 16' 57" East a distance of 375.52 feet;
               North 73° 37' 44" West a distance of 38.80 feet;
               North 11° 47' 44" West a distance of 180.00 feet;
               North 06° 32' 16" East a distance of 324.50 feet;
               North 21° 03' 44" West a distance of 174.30 feet;
               North 07° 56' 44" West a distance of 304.94 feet to
  the West corner of a 2.46 acre tract described as
  Second Tract in the above referenced Easement and
  the West corner of the said 422.12 acre tract for
  a corner of this 1033.78 acres being described;
         THENCE North 55° 00' 00" East [Deed call = North 55°
  East], with a Northwest line of the said 422.12 acre
  tract and with the Southeast line of the said 453.0
  acre tract, a distance of 204.72 feet for a corner of
  this 1033.78 acres being described;
         THENCE with the East right-of-way line of the West Side
  Calhoun County Navigation District (400' R.O.W.) as
  follows;
               North 04° 48' 57" West a distance of 169.46 feet;
               North 08° 08' 57" West a distance of 200.20 feet;
               North 12° 08' 57" West a distance of 200.00 feet;
               North 15° 40' 57" West a distance of 200.00 feet;
               North 18° 15' 57" West a distance of 100.00 feet;
               North 21° 15' 57" West a distance of 200.00 feet;
               North 23° 49' 57" West a distance of 95.00 feet;
               North 26° 19' 57" West a distance of 105.00 feet;
               North 28° 57' 57" West a distance of 100.20 feet;
               North 22° 19' 57" West a distance of 450.00 feet;
               North 45° 52' 57" West a distance of 908.80 feet;
               North 43° 40' 57" West. 1173.70 feet to a point the
  East right-of-way line of the said West Side
  Calhoun County Navigation District., said point
  being the West corner of the herein described
  tract and South corner of the remainder of that
  certain 11.08 acre tract of land as conveyed to
  Belle D. Smith according to Instrument recorded
  in Volume 25. Page 158 of the Official Records of
  said County;
         THENCE, North 72 deg. 45' 03" East, with the common
  line of said 11.08 acre remainder, a distance of 651.30
  feet to a concrete monument found marking the East
  corner of said 11.08 acre remainder and an Interior
  corner of the herein described tract;
         THENCE, North 17 deg. 14'57" West, a distance of 600.00
  feet to a concrete monument found marking the North
  corner of the said 11.08 acre remainder and a
  Northwesterly corner of the herein described tract;
         THENCE, North 72 deg. 50' 33" East, along a barbed wire
  fence, a distance of 770.10 feet to a called for fence
  post for an angle point;
         THENCE, North 70 deg. 39' 13" East, a distance of
  178.59 feet to a called for fence post for an angle
  point;
         THENCE, North 68 deg. 25' 47" East, a distance of
  249.83 feet to a called for fence post for an angle
  point;
         THENCE, North 66 deg. 41' 49" East, a distance of 74.41
  feet to a called for fence post for an angle point;
         THENCE, North 56 deg. 31' 46" East, a distance of
  254.74 feet to a called for fence post for an angle
  point, said fence post being on the recognized common
  line of said Miguel Castillo Survey and the Pedro
  Miranda League;
         THENCE, North 55 deg. 10' 25" East, along said common
  line and general direction of said barbed wire fence,
  distance of 4670.83 feet to a fence corner post found
  marking the North corner of the herein described
  tract, said fence post being in the Southwest
  right-of-way line of said State Highway No. 185;
         THENCE, South 31 deg. 31' 06" East, along said
  right-of-way line and barbed wire fence, a distance of
  2975.22 feet to a 5/8 inch diameter steel rebar set to
  mark the North corner of a 0.52 acre tract of land as
  conveyed to Virgil Claude Cassel according to
  Instrument recorded in Volume 85, Page 411 of the Deed
  Records of Calhoun County;
         THENCE, South 58 deg. 28' 54" West, a distance of
  150.00 feet to a 5/8 inch diameter steel rebar set to
  mark the West corner of said 0.52 acre tract;
         THENCE, South 31 deg. 31' 06" East, a distance of
  150.00 feet to a 5/8 Inch diameter steel rebar set to
  mark the South corner of said 0.52 acre tract;
         THENCE, North 58 deg. 28' 54" East, a distance of
  150.00 feet to a 5/8 inch diameter steel rebar found
  marking the East corner of said 0.52 acre tract and
  being in the Southwest right-of-way line of said State
  Highway No. 185;
         THENCE, South 31 deg. 31' 06" East, along said
  right-of-way line, a distance of 404.19 feet to 5/8
  inch diameter steel rebar found marking the North
  corner of a 1.00 acre tract of land as conveyed to
  Donald Leonard Lynch, et ux, according to Instrument
  recorded In Volume 206, Page 384 of the Deed Records of
  said County;
         THENCE, South 55 deg. 00' 54" West, a distance of
  209.10 feet to a 5/8 inch diameter steel rebar found
  marking the West corner of said1.00 acre tract;
         THENCE, South 31 deg. 31' 06" East, a distance of
  208.71 feet to a 5/8 inch diameter steel rebar found
  marking the South corner of said 1.00 acre tract;
         THENCE, North 55 deg. 00' 51" East, a distance of
  209.10 feet to a 5/8 inch diameter steel rebar found
  marking the East corner of the said 1.00 acre tract,
  and being in the Southwest right-of-way line of said
  State Highway No. 185;
         THENCE, South 31 deg. 31' 06" East, along said
  right-of-way line, a distance of 40.10 feet to the
  POINT OF BEGINNING, CONTAINING within these metes and
  bounds a 1033.78 acres.
         SECTION 3.  (a)  The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1990 passed the Senate on
  May 8, 2007, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1990 passed the House on
  May 23, 2007, by the following vote:  Yeas 144, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor